Perry Watch: Ads praising Rick Perry run in New Hampshire

An advocacy group which employs Gov. Rick Perry’s political consultant is running Internet ads in New Hampshire touting the importance of tort reform in the next presidential campaign, citing Perry’s recent passage of “loser-pays” legislation and Texas’ strong job record.

Rick Perry is the one -- on tort reform, at least -- a New Hampshire TV ad declares. (LM Otera/Associated Press)

The ads are running just as the first major presidential debate of the 2012 presidential season is to take place tonight in New Hampshire, the site of the nation’s first presidential primary of 2012. The 7 p.m. CST debate is co-sponsored by Hearst TV station WMUR of Manchester, N.H. It will feature a Texan who has announced his 2012 White House candidacy, Rep. Ron Paul. Perry, who is exploring a race, will not take part.

“Texas is leading the nation in job creation because of its pro-growth economic policies,” the petition states. “In the last two years, Texas, led by Gov. Rick Perry, has created more jobs than any other state. Recently, Texas became the first state in the country to enact “loser-pays” tort reform, which reduces frivolous lawsuits and litigation costs, and allows for more expedient justice for legitimate claims which protects small businesses and consumers.”

Perry designated the “loser-pays” bill as a legislative emergency. It passed after negotiations in the Texas Senate involving both the Texas Trial Lawyers Association and Texans for Lawsuit Reform produced a compromise. The bill gives parties to a lawsuit an incentive to compromise by requiring the loser to bear litigation costs in certain cases. It also permits early dismissal of frivolous lawsuits.

Interestingly, Leo Linbeck Jr., the chairman of Texans for Lawsuit Reform, wrote in a guest column in the Texas Tribune that the “loser-pays” proposal was hardly revolutionary. Referring a critical part of the bill, which allows for early dismissal of frivolous lawsuits, Linbeck wrote:

“Federal courts and 42 states utilize such a procedure and have for decades. It is not new, it is well-tested, and it works just fine all across the country. It allows courts to dismiss cases early on that should not have been filed, and lets courts assess fees and costs as they think equitable and just against any party that misuses the procedure. Tell lawyers from other states that we don’t have a motion to dismiss procedure and they look at you like you just said you get around in a horse and buggy. “You don’t?” they’ll ask in disbelief. Well, we should.”

Texas’ new “loser-pays” law does require plaintiffs to bear the cost of litigation if a lawsuit is dismissed, but it is a two-edged sword: defendants who ask for and lose an early dismissal motion bear the cost of the hearing.

Still, tort reform has been a reliable campaign issue for Republicans. The New Hampshire ads and petition appear to be testing whether Perry can rely on this old standby if he launches a presidential bid.